New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-06-25
|arNDAY LIQUORPLENTYNOW
=, GENERAL TERN PAvoRs THE HOTELS.

- ,suor on Sunday, gained substantial victory
.,srday Tho General Term Of the Supreme Court de-
S IN their favor In the test eases Of James H. Bresln
,ne Glsey House, and Charles n Villas, Of the Fifth
v.nue Hotel, after review certiorari OF the pro-
sa,ngs In which Justice Lawrence recently dismissed
nj habeas corpus wrs by which they sought to obtain
from their technical arrest The opinion Oh the
n,neral Term was written by Justice Brady lie says
rss instituted for the purpose Of obtaining
construction Of the act Of 1907 and tas ae,I a en-
a ss, liquors; and ely , ss,
T. his guests to be used with tser
Sa asSre o. hi. State his from Oosnnns the
century been engaged IN the eh9re 70 % 10 have
m Ss ct 81 1851 to which already
%a@ @son hs question: siiSoasS made
q them during the discussion OF me at d
soa mas been made and particularly ne later acts be.
as se Mno as Ss them
Iss To retail spurious liquors
sell dispose Of them or any Of them except 70 oases
day IN allowed 6y law and by The 2st section
lSs S or rcr.oa should sell give
" MsaS ssnsa U Or special election
my shsni be held within quarter of mile from the
should cities Villages Or 1sSs OF ri. ri:
state % w q nS selling or giving away
,osieans liquors there being prohibition
P. terms oSs "oFds Ht
s sSs sSs says ns%e ito the public
he statutes 20 be construed with reference 10 ekisng
Which would result the evil that was 10 be overcome by
Saaf without reference meals, and Oy
that .SDd BE mt IN
with The peace which was REGARDED as bat
vSss The The sSs d a ISL wa. passed
ana a RI there 81 liquors
he ssrs I'd. S as Of
Seesuse the readiness wiz, which the appetite coad be
VII. which he he could 20 one 2 p to : aIa @
hsi the beverage obtained which Is alluded TO IN tie
x as 70 'A g. q
sHs Tho h rsps: sss 0' sSss It
little snf G nat tSs prohibition aesn.
Was ahmed a. as bar SI
ised and from results were often mani
$50 When indicates az nsnOn the Iegslst
The SrosSeS a nS
ING MN section which relates to the sale OF
and sr n.
u, ana a. ssy se s aSsnass
directly 1s ans S1
saloon because we nnS mat and ,a enter
said :. Be "a grand 81 SpS ea WeSSe
ahs VIEW expressed the effect Oh this Of The
at: ~:,s % y
No Ss tic sm mere 1e:s S 81 ieod
ss M .s sa not 70
ssIvs persons Tor that purpose Wall for Judgment
sss aSs g al
an. mature Ts Suggested the
msn Ia a. sns General Term The a:
ssnses II the license be granted TsgLaes ne
ss or ~ sso VIC o IT'S 70
therefore either enlarge diminish these nsts ana opga
pssss si s iS the
% 1o heno: Ps
ss%a IN r. IS az ne result Of onr
statute and nngai0Iy 1t sS ,Sss
should bs discharged. Ordered accordingly
Presiding Judge Van Brunt wrote:
In ccncurrng with the opinion Of MI Justice Brady and
addition to what has been so by him upon This
Of place to The &c IS t
upon tn: snes: TINE that !as
Intention OF the Lsgisaturs matter what consequences
sr s%SH
s az 10 'nSS @ ha what The
Legislature IN the enact~en, under con
sdered
The Presiding Judge, after examining the language OF
the statute, says:
II the word, as beverage to be interpreted to In
aas 'aP except
Tor medicinal sacrsmenta then NO person either
S 1a PP to
section broad ana explicit and % i K
traS"i uSdsr any eireuDstsnes giving 70
,, Liable 70 the Rssa + the ~ bros Sn
suggested is given 10 the beverage II clear
Tisnnic s which wouS ;a:S
.Ss. e@s ols9
adopted which the ends which the Leg
stature desired TO attain BY It's enactment
The word bsye which the root Of the word .esvsr
s,1 Sswssn applied To sd
hang .S saoSs5
many ras be: ss;s %ssd = spRs.
Ss ai 10 Th gives to the whole
act a force and effect and avoids the evidently efoneol,
entail 1t seems be evident. therefore that there
w, tee s en- an me nar g Clearly n
Gr Justice Brady's opinion.
Justice Bartlett ccncurs. on tho ground that the long
and uniform practical construction OF the Excise law
should be deemed controlling IN the Discrimination OF
Andrews appeared for the hoteSeepers and Corporation
Counsel Lacombe for the city ~
the decision They resolved that for their guests
there stall be more Sunday thirst and that
again be interrupted BY any reading OF the EK
sss Ss eIss viii PUT her
hilton OF the services rendered by Messrs Bresn and
E. L Merriaed Of the Continental Hotel. president Of
The association, said TO a TRIBUNE reporter:
We've ahead this time the question isl heep:o We
ssSn
s win Ss as they have Away. BEEN closed
would SO s &
pot for But liquors WIN be served with meals in my cafe
are very jubant
!
aad that right all the time.
Mr. Breslin is in Europe "Hen be very glad to hear
OF remarked head clerk at the hotel office and
the barkeeper said liquor would be dispensed
TO guests tomorrow
MIR. Villas said:
II been violating for twenty five il
high time s1a should stop but iS we aay
legally asserted. they have been.
Mayor Hewitt said:
expected that would docide that
] did believe decision OF Judge Lawrence
would be sustained Whether liquor dealers can
take advantage OF this Interpretation Of the and sell
Sunday their patrons do not wish TO anything IL
they their hotels and food 10 their
guests 1 DO not sec how they can be prevented
Corporation Counsel Lacombe said:
have LOT yet the opinions but have been Informed OF
their ccntexts III the Information thus given correct the
decision appears TO be based wholly the familiar doc
tnes Of interpretation according 20 intent and OF prac
Teal nfrequenty thus dispose OF
contrary phraseoosy bnt is hardly safe
for the Corporation Counsel 10 do
and tbereiorS perfectly satisfied with the advice hrst